The process of a bill becoming a law is a lengthy one, and in the United States, it begins with the U.S. House of Representatives. A bill is a proposal for a new law or a change to an existing one. It can be introduced by a sitting member of the U.S. Senate or House of Representatives or be proposed by citizens or citizen groups who recommend a new or amended law to their member of Congress. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to it. It is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions, and both chambers vote on the same version. If it passes, it is presented to the President, who can either approve and sign it into law or refuse to approve it, which is called a veto. Congress can, however, vote to override the veto, and the bill becomes a law.
What You'll Learn
How a bill becomes a law
Bills are proposals for new laws or changes to existing laws. The ideas for bills can come from sitting members of the U.S. Senate or House of Representatives, be proposed during their election campaigns, or be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them.
The Bill Is Proposed
First, a representative sponsors a bill. The representative talks with other representatives about the bill to get their support. Once a bill has a sponsor and the support of some of the representatives, it is ready to be introduced.
The Bill Is Introduced
In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk's desk. Only representatives can introduce bills in the U.S. House of Representatives. A bill clerk assigns it a number that begins with H.R. A reading clerk then reads the bill to all the representatives, and the Speaker of the House sends the bill to one of the House standing committees.
The Bill Goes to Committee
When the bill reaches the committee, the committee members—groups of representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill back to the House floor. If the committee members would like more information before deciding, the bill is sent to a subcommittee. While in subcommittee, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.
The Bill Is Reported
When the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives. Representatives discuss the bill and explain why they agree or disagree with it. Then, a reading clerk reads the bill section by section, and the representatives recommend changes. When all changes have been made, the bill is ready to be voted on.
The Bill Is Voted On
There are three methods for voting on a bill in the U.S. House of Representatives: Viva Voce (voice vote), Division, and Recorded. If a majority of the representatives support the bill, it passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.
The Bill Is Referred to the Senate
When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on. Senators vote by voice. If a majority of the senators support the bill, it passes in the U.S. Senate and is ready to go to the President.
The Bill Is Sent to the President
When a bill reaches the President, he has three choices. He can:
- Sign and pass the bill—the bill becomes a law
- Refuse to sign, or veto, the bill—the bill is sent back to the U.S. House of Representatives, along with the President’s reasons for the veto. If the U.S. House of Representatives and the U.S. Senate still believe the bill should become a law, they can hold another vote on the bill. If two-thirds of the Representatives and Senators support the bill, the President’s veto is overridden and the bill becomes a law
- Do nothing (pocket veto)—if Congress is in session, the bill automatically becomes law after 10 days. If Congress is not in session, the bill does not become a law.
If a bill has passed in both the U.S. House of Representatives and the U.S. Senate and has been approved by the President, or if a presidential veto has been overridden, the bill becomes a law and is enforced by the government.
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The role of the House of Representatives
The House of Representatives is the lower chamber of the United States Congress, which is the federal government's lawmaking branch. The House of Representatives has 435 members, with each member representing a district within a state. The number of representatives per state is determined by the state's population.
The House of Representatives has several key roles in the process of turning a bill into a law. Firstly, any member of the House of Representatives can propose a bill, which is the first step in the legislative process. A bill is a proposal for a new law or a change to an existing law. If a Representative has written a bill, they must find a sponsor, which can be another Representative, and gain the support of other Representatives. Once a bill has a sponsor and sufficient support, it is ready to be introduced.
The second step in the legislative process is the introduction of the bill. In the House of Representatives, a bill is introduced when it is placed in the hopper, a special box on the side of the clerk's desk. Only Representatives can introduce bills in the House of Representatives. Once introduced, a bill is given a number that begins with "H.R." and is then read by a clerk to all Representatives. After this, the bill is sent to a committee.
Committees in the House of Representatives are groups of Representatives who are experts on specific topics, such as agriculture, education, or international relations. The committee reviews, researches, and revises the bill before voting on whether to send it back to the House floor. If the committee requires more information before making a decision, the bill is sent to a subcommittee for further examination.
If the committee approves a bill, it is sent back to the House floor, where Representatives debate the bill and explain their agreement or disagreement with it. A reading clerk then reads the bill section by section, and Representatives recommend changes. Once all changes are made, the bill is ready to be voted on.
There are three methods for voting on a bill in the House of Representatives: viva voce, division, and recorded. In the viva voce method, the Speaker of the House asks supporters of the bill to say "aye" and opponents to say "no." In the division method, the Speaker asks supporters to stand up and be counted, and then asks opponents to do the same. In the recorded method, Representatives use an electronic voting system to record their vote as yes, no, or present if they don't want to vote.
If a majority of Representatives vote yes, the bill passes in the House of Representatives and is then sent to the Senate, where it goes through a similar process of research, discussion, changes, and voting. Once a bill passes in both chambers of Congress, they must work together to create a single version of the bill, which is then presented to the President for approval.
The House of Representatives plays a crucial role in the legislative process by introducing and voting on bills, collaborating with the Senate, and ultimately helping to turn proposed bills into laws.
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The role of the Senate
The Senate plays a crucial role in the process of turning a bill into a law. Here is an overview of the key functions and procedures involved:
Committee Action: The bill is referred to the appropriate committee, often with the referral decision made by the Senate parliamentarian. It is worth noting that bills may be referred to multiple committees, and the committee chair may assign them to subcommittees for further review. The committee will research, discuss, and make changes to the bill. This includes holding hearings, gathering expert opinions, and making revisions. The committee then votes on the bill, and if it passes, it is "ordered to be reported."
Mark-up Session: The committee holds a mark-up session to make further revisions and additions. If substantial amendments are made, the committee may introduce a "clean bill" with the proposed amendments, giving it a new number. The old bill is discarded, and the new one is sent back to the Senate floor.
Voting in the Full Senate: Before conducting a final passage vote, the Senate must approve, change, or reject all committee amendments. Senators can speak as long as they wish, and amendments need not be directly related to the bill's main subject. This allows for the inclusion of "riders," or amendments that are not directly related to the bill's primary purpose. Senators can use this procedure to defeat a measure by "talking it to death," known as a filibuster. To end a filibuster, 16 senators must sign a motion for cloture, and three-fifths of the senators must then vote to invoke cloture.
Conference Committee: If the Senate and the House of Representatives pass different versions of the bill, a conference committee is formed with members from both chambers. This committee works to reconcile the differences between the two versions. The conference committee prepares a written report, which must be approved by both the House and the Senate.
Presidential Review: Once the bill passes both chambers of Congress, it is sent to the President for review. The President can approve the bill by signing it into law or veto it. If the President does nothing for ten days while Congress is in session, the bill automatically becomes law.
Veto Override: If the President vetoes the bill, it is sent back to Congress with a list of their reasons. Congress can then attempt to override the veto by voting on the bill again. If two-thirds of both the Senate and the House support the bill, the veto is overridden, and the bill becomes a law.
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The role of the President
The President plays a crucial role in the process of turning a bill into a law. Once a bill has been approved by the U.S. House of Representatives and the U.S. Senate, it is sent to the President for review.
The President has three options: they can sign and pass the bill, in which case it becomes a law; they can veto the bill, sending it back to the House of Representatives with their reasons for doing so; or they can choose to do nothing, which is known as a pocket veto.
If the President chooses to veto a bill, Congress can attempt to override this decision. If two-thirds of the Representatives and Senators support the bill, the President's veto is overridden, and the bill becomes a law.
In most cases, if the President does not sign off on a bill and Congress is no longer in session, the bill will be vetoed by default, and this cannot be overridden. However, if Congress is still in session and the President does nothing for 10 days, the bill will automatically become law.
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The override of a presidential veto
The process of a bill becoming a law in the United States is a lengthy one, requiring approval from the U.S. House of Representatives, the U.S. Senate, and the President. The President's role in this process is significant, as they have the power to veto a bill, sending it back to Congress with their objections. However, Congress has the power to override a presidential veto and pass the bill into law.
The presidential veto power is outlined in Article 1, Section 7 of the U.S. Constitution. When a bill has been passed by both the House and the Senate, it is presented to the President for approval. The President can choose to sign the bill into law or veto it. If the President vetoes the bill, it is returned to the House in which it originated, along with the President's reasons for the veto.
To override a presidential veto, Congress must hold another vote on the bill. If two-thirds of both the House and the Senate support the bill, the veto is overridden, and the bill becomes a law. This process ensures that Congress has the opportunity to carefully consider the President's objections and make an informed decision.
It is important to note that there is a type of veto called a "pocket veto" that cannot be overridden by Congress. A pocket veto occurs when Congress is not in session, and the President does not sign a bill before the end of the session. In this case, the bill is effectively vetoed, and it cannot be overridden.
The ability of Congress to override a presidential veto serves as a crucial check and balance in the law-making process, ensuring that the President does not have unilateral power over legislation. It allows for a more collaborative and democratic process, where the interests of both the executive and legislative branches are considered.
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